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Legal Definitions - aquatic right
Definition of aquatic right
An aquatic right is another term for a water right. It refers to a legal entitlement that grants an individual, company, or government entity the authority to use water from a specific source, such as a river, lake, stream, or underground aquifer, for a particular purpose. These rights are typically established and regulated by law, often specifying the quantity of water that can be used, the method of use, the location of use, and the priority of that use compared to other users.
Here are some examples illustrating aquatic rights:
Agricultural Irrigation: A farmer owns land adjacent to a river in an arid region. Through a permit granted by the state water board, the farmer has the legal right to divert a specific volume of water from the river each year to irrigate their crops. This permit defines their aquatic right, allowing them to draw water for agricultural production, which is crucial for their livelihood and food supply.
This example demonstrates an aquatic right because the farmer possesses a legally recognized entitlement to use water from a natural source (the river) for a defined purpose (crop irrigation), subject to specific regulations on quantity and timing.
Municipal Water Supply: A large metropolitan city holds a comprehensive aquatic right to draw millions of gallons of water daily from a distant mountain reservoir and a network of wells. This right allows the city to provide drinking water, sanitation, and fire suppression services to its hundreds of thousands of residents and businesses. The city's right is often prioritized due to its essential public health function.
This illustrates an aquatic right as the city has a legal claim to extract and utilize water from multiple sources (reservoir and wells) to fulfill a vital public service (municipal water supply), often with a high priority due to public necessity.
Industrial Cooling: A manufacturing plant located near a large lake has obtained an aquatic right to withdraw a certain amount of water for its industrial cooling processes. The terms of this right also require the plant to treat the water before returning it to the lake, ensuring minimal environmental impact. This allows the factory to operate while adhering to environmental regulations.
This is an aquatic right because the manufacturing plant has a legal authorization to take and use water from the lake for its industrial operations, with specific conditions (like treatment and return flow) attached to ensure responsible use.
Simple Definition
An aquatic right is a legal entitlement to use water from a specific source, such as a river, lake, or underground aquifer. It grants the holder the authority to divert, impound, or otherwise utilize water for various purposes, subject to applicable laws and regulations.